2. Business Model Legality/ Regulatory Approval Investigation

Q11 (Consent to Privacy Policies)

In a service targeting individuals, when we have them consent to the terms of use, should we also have them consent to the privacy policy?

For the matters covered in a typical privacy policy, posting is sufficient, and it is not usually necessary to obtain the consent of the user. Although strictly speaking it’s not necessary to obtain consent, it may be a good idea in order to avoid any dispute. Further, in some cases, such as offering the personal information to a third party, the user’s consent is required under the [Personal Information Protection Act]. In those cases, rather than just a consent to the privacy policy, you should obtain an express consent from the user to the disclosure of the information to the third party.

(Posted: January 27, 2012)